Youth Justice Act 2024

If a court or proper officer of a court requires, by an order in the form required by the rules of court, that a child or young person in a youth justice custodial centre be brought before the court—

the child or young person may be brought before the court, or be brought to another place specified in the order where facilities exist to enable the child or young person to appear before the court by audio link or audio visual link, as often as is necessary for the child or young person to be dealt with according to law or to give evidence, without a writ of habeas corpus or other writ or an order for that purpose; and

the child or young person must then be returned to the custody from which the child or young person was brought.

Subject to subsections (3) and (4), a child or young person who is removed from a youth justice custodial centre under this section is, during the time of the removal, in the legal custody of the youth justice custodial officer having the custody of that child or young person.

If requested to do so by the Secretary or the Commissioner for Youth Justice, a police officer may assist the officer referred to in subsection (2) in the discharge of that officer's duties under subsection (1) and, in that case, the child or young person who is removed from the youth justice custodial centre is deemed to be in the legal custody of the police officer.

If a child or young person is removed from a youth justice custodial centre by a protective services officer or a person authorised under section 9A(1B) of the Corrections Act 1986 to carry out transport of a person, the child or young person who is removed is deemed to be in the legal custody of the Chief Commissioner of Police.

No criminal or civil proceeding may be commenced against a youth justice custodial officer, a police officer or any other person on account of the removal.